| EU Commission U-turn on information about toxic chemical legislation (REACH) |
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18 November 2010 | Press release In a U-turn the European Commission has given leading environmental law organisation ClientEarth access to a previously withheld official opinion about the implementation of REACH (Registration, Authorisation and Evaluation of Chemicals) legislation. Previous attempts to understand the justifications for how toxic chemical legislation is being interpreted have been prevented by a lack of transparency from the EU. The legal opinion released by the Commission shows how the 0.1 per cent weight rule has been interpreted. Under REACH, producers, manufactures and suppliers of products containing any more than 0.1 per cent of a substance of very high concern (SVHC), weight for weight must communicate the presence of the substance in the supply chain and to anyone who makes a request. However, a loophole allowed within the Commission’s interpretation means that manufactured products, consisting of a number of components, can contain greater proportions of these potentially dangerous substances without having to notify anyone. Vito Buonsante Health and Environment Lawyer at ClientEarth, says; “This legal opinion is very important to the debate about how toxic chemical legislation is implemented across the EU. For the first time, we can see that the Commission’s legal opinion does not in fact call for the strict interpretation of the weight rule given in the Commission’s official guidance. We will use the information we have gained to continue to push for reform in the 0.1 per cent weight rule so toxic chemicals cannot enter into products without consumer knowledge.” The original request for the document, made by ClientEarth in June, was refused by the Commission and a follow-up request resulted in further delays. A month after the deadline for response access to the document has finally been granted. Several other legal opinions explaining the interpretation of REACH provisions are still being withheld by the Commission. Vito Buonsante continues; “The implementation of REACH legislation has so far been obscured by a lack of transparency from the EU. Justifications for the Commission’s particular interpretations of the legislation have been kept under wraps and NGOs and other concerned citizens have been denied the ability to understand and influence how the regulation is implemented. “The releasing of this document is a remarkable move. It is a great opportunity for citizens to push for further transparency and an end to EU secrecy about how it regulates toxic chemicals.” For further information or to request a copy of the legal opinion contact: Katherine Sladden | Communications officer | t. +44 (0) 203 030 5954 | This e-mail address is being protected from spambots. You need JavaScript enabled to view it Lewis Merdler | Communications officer | t. +44 (0) 203 030 5954 | This e-mail address is being protected from spambots. You need JavaScript enabled to view it ClientEarth is a non-profit environmental law organisation based in London, Brussels and Warsaw. We are lawyers working at the interface of law, science and policy. Using the power of the law, we develop legal strategies and tools to address major environmental issues. As legal experts working in the public interest, we act to strengthen the work of our partners - both governments and NGOs. www.clientearth.org |
